The Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) Order 2014

Annual fees for an applicant with a continuation licence and an existing licence

6.—(1) This article applies only to a person—

(a) who holds an existing licence;

(b) who makes an advance application to vary that licence; and

(c) to whom a continuation licence was issued on 1st October 2014.

(2) The first annual fee payable by the applicant under section 100(1)(a) of the 2005 Act in respect of the continuation licence is the difference between—

(a) the fee prescribed for the kind of remote operating licence authorising the provision of the activities that the applicant was authorised to provide under—

(i) existing remote operating licence, and

(ii) the continuation licence; and

(b) such proportion of the last prescribed annual fee paid in respect of the existing licence as relates to the period from 1st October 2014 to the next anniversary of the issue of that licence.

(3) Where the Commission grants (whether in whole or in part) the advance application to vary the existing licence—

(a) if the prescribed first annual fee that would have been payable under section 100(1)(a) of the 2005 Act in respect of the kind of remote operating licence held by the applicant after the grant of the application—

(i) exceeds the amount referred to in paragraph (2)(a), the applicant must pay to the Commission the amount specified in paragraph (4) within 30 days of the date on which the application was granted;

(ii) is less than the amount referred to in paragraph (2)(a), the Commission must repay to the applicant the amount specified in paragraph (4); and

(b) the annual fee under section 100(1)(b) of the 2005 Act for the remote operating licence as varied must be paid before 1st October 2015 and before 1st October in each year thereafter.

(4) The amount referred to in paragraph (3)(a)(i) and (ii) is the difference between—

(a) the amount referred to in paragraph (2)(a), and

(b) the prescribed first annual fee that would have been payable under section 100(1)(a) of the 2005 Act for the kind of remote operating licence held by the applicant upon the grant of the application,

in respect of the period from the date on which the application for variation was granted to 30th September 2015.

(5) Where the Commission wholly rejects the advance application to vary the existing licence—

(a) it must repay to the applicant such proportion of the difference between—

(i) the amount referred to in paragraph (2)(a), and

(ii) the prescribed annual fee payable for the remote operating licence held following the rejection,

as relates to the period from the date of rejection to 30th September 2015; and

(b) the annual fee under section 100(1)(b) of the 2005 Act for the remote operating licence held must be paid before 1st October 2015 and before 1st October in each year thereafter.